Introduction 1 Aug.

17-22
This will be considered as my lecture and supporting explanations to your
assignment.

1. Legal profession is reserved only to the members of the bar in good

standing. In this jurisdiction non-bar passer cannot engaged in any activities
only a lawyer can perform (unlike in other countries, non-lawyers can be
notary-public).

It is not a business, so no lawyer realized any profit from his profession, it

is a calling a vocation attached social responsibilities, earnings from
the profession is secondary; we are not salesmen selling our wares. We are
officers of the court and agents in the dispensation of justice.  

2. CPR/CJE/ SC decisions (jurisprudence) / RROC and issuance of the SC

(Administrative Matters)

3. Practice of law – paraphrased in the said case, any activities in and out
of court wherein there is an application of knowledge of law and
procedures are now considered as or constituting as practice of law. Gone
are the days that what is “Practice” is holding an office to the public for the
rendering of legal services, litigation, crafting contracts and giving legal advice.

Now, teaching unlike before is considered practice of law, a legal officer in a

government agency is now practicing law. It has its pros and cons, but it levels
the playing field and eliminates discrimination to the members of the bar.

4. It is a privilege – non-compliance or not being a member in good and

regular standing will be disqualified to practice. A member in Good and Regular
standing means – compliant with MCLE, PTR, IBP DUES issuance (AM) of the
SC and possessing GMC-as a continuing requirement both in private and
public life (no dichotomy of personality).

5. Admission to the bar – case – Almacen due to his self-imposed

disappointment with the justice system, Petitioned the SC for the surrender of
his title as a member of the bar and uttering words disrespectful to the High
Court. He thought that voluntary surrender can be voluntarily regained, when
he regains his trust to the justice system, but being a disrespectful member of
the bar he was indefinitely suspended.

Lanuevo – if you will apply to take the bar, make sure you place all factual
information, if not, you will be subjected to perjury and your license if you will
pass the bar will be revoke.

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6. Ching case: in the said case he raised 10 grounds to be admitted to take the
bar, but was still denied, claim to be Filipino citizen, as the decision states is
not a commodity to be claimed when needed and suppressed when convenient.
The privileged is only an inchoate right; he slept on his opportunity to
avail of it. 14 years is unreasonable delay as the SC said.
7. Meling – if you conceal any information in your application to take the bar is
considered perjury, the use of ATTY. Is subject to contempt. With this, he is
unfit even to be a member of the Sharia Bar – he was suspended as a member
of the Sharia Bar, karma answered the petition not to take the lawyer’s oath –
he did not pass the bar. (Moot and academic)
8. Alawi – A Member of the Sharia Bar is not a member of the Phil. Bar ergo
cannot use the title ATTY. Considered contempt of court. (Was Reprimanded)
Galang-  Disbarred – unauthorized re-valuation of his bar notebooks without
the approval of the SC. Also disbarred was the Bar Confidant. Rana-denied
admission to the bar, unauthorized practice of law, stood as counsel before
taking his oath and signing his roll.
9. Private practice – Atty. Ladaga is a RTC clerk of court on leave and stood as
counsel pro-bono in a criminal case of a relative – charge of illegal practice of
law- under the admin. Code, he must secure first authority from the SC,
decision = not considered practice of law because it is an isolated case, it
must be customarily /habitually holding oneself before the public. Still
reprimanded no prior authority to act as counsel from the SC. (read
Villanueva case – 14 SCRA 109)
10. All of the enumerations a non-lawyer can APPEAR BEFORE A COURT OR
QUASI-JUDICIAL BODY WITH ADJUDICATORY FUNCTION – appearance is the
right word it is not practice because it is not habitual and holding oneself to
the public. (allowed case to case basis) – 5J Taxi – A non-lawyer can appear for
a laborer as long as the legal representative is a member of the union or the
organization and or they represent themselves, in this case is absent (no client-
attorney relationship established), therefore the court cannot award extra
ordinary attorney’s fee.
11. Pro-se means “for oneself” (proprea persona) MTC- criminal case allowed
= higher court NO/ Civil case allowed up to the CA – SC –not allowed) –
Accused of rape and convicted at the trial court but represented by a non-
lawyer, on appeal represented by a lawyer,  SC – remand the case for trial –
violation of due process – OSG – said that the non-lawyer was as skillful as a
member of the bar and due process was accorded and on appeal represented
by a member of the bar, SC –N o – because of the constitutional rights of an
accused is the right to be heard by himself and his counsel(member of the bar
of regular and good standing). 
12. Limitations on appearance of non-lawyer before the courts- as stated earlier,
issue may a non-lawyer recover attorney’s fees for legal services rendered?
(naflu case – Muning appearing as representative in labor cases is engaged in
habitual practice, appearing daily before the labor courts is not allowed) only
by himself or by the labor organization is allowed.
13. Small Claims Court – Barangay mediation – unless he is the party.
14. Public official who are lawyer but cannot practice law?

Judges / Court officials or employees of Superior Court.

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Official and employees of the office of the Solicitor General
Pres. / VP/ members of the cabinet their deputies and assistants
Members of the constitutional commissions
Ombudsman and his deputies
Governors, City/Municipal Mayors
Case – Rellosa is a barangay captain at the same time a lawyer – handled the
barangay mediation hearing but failed, and thereafter represented one of the
parties in court – without authorization to practice from the DILG / suspended 6
months, being a hearing officer in the barangay and hand ling the case in court is
an act of impropriety.

15. To prove that

1. It is not habitual / prove that it is one allowed under the rules.

16. Answer:

Members of congress – no personal appears to any courts, electoral tribunal or

quasi-judicial /admin bodies.
Sangunian members (provincial, City, Municipal) - as long as Civil case the
government is the adverse party.
Criminal case government employee (national/local) is the accused and the offense
committed in relation to his office. Cannot collect fees representing local govt.
units which they are official – admin proceedings. May not use property
/personnel except the defending the interest of the govt.
Case- Former Sol Gen Estelito Mendoza during the liquidation of Gen. Bank filed a
petition with the CFI praying for the assistance and supervision of the liquidation
proceedings as mandated by law. Enter 1987 Revolution Gen bank was
sequestrated by the government and now Mendoza as the legal counsel of Tan who
bought Gen Bank.  Question is there conflict of interest? NO ADVERSE INTEREST
– not even Rule 6.03 of Canon 6 is applicable because his participation is just to
seek the assistance of the court in the process of liquidation not directly involve.   

17. Given
18. Yes – part of its rule making powers under Sec. 5 (5) Art. VIII 1987
constitution.
19. No - what is RA 9999 it is anchored with BM 2012
20. Four folds duty – Court (law)- Society-(community) –colleagues(legal
profession)-client THE HIGHEST DUTY ACCORDS TO THE COURTS – being an
officer of the court we are duty bound to follow the courts because it is the
personification of law-justice and order.

Case- repeated misconduct becomes gross in nature that warrants disbarment,

notarizing spurious documents.

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21. Two types:  Ordinary – payment of legal services due to the lawyer by the
client who acquired his services. Extra Ordinary Attorney’s fee – part of the
judgment by the court to award a sum of money or percentage of the main award
as attorney’s fees, this will go to the prevailing party not to the lawyer, this is in
the form of damages where in one ground of granting is that the plaintiff was
forced to hire a lawyer to indicate his right. (This can be given to the lawyer if
there is an understanding between them.)
22. In this case it pertains to extra ordinary attorney’s fee as damages for the
plaintiff, because he was force to hire a lawyer to vindicate his rights. And in labor
cases it can be awarded even the poor laborer acquire the services of the PAO
because it is part of damages. (this can be given to the lawyer as a token if he
wants to)
23. Read the basis under Canon 20 Rule 20.01, but as we said reasonableness the
general guideline to determine attorney’s fee. (If there is no contract between the
parties –then quantum meruit takes palce)
[Link], if it is unreasonable, In this case, the work of the lawyer was so basic and
simple that will not demand a high attorney’s fee. (The court can temper it.)
[Link], but when the contingent contract must be in writing or less quantum
meruit will take place. (In a contingent contract the lion’s share must be given to
the client not the lawyer, if not the colurt has the duty to temper the Attorney’s
fees)
26 Retaining lien – physically withhold paper, documents and monies legally take
note legally came to his possession to secure his professional fees.
Charging lien – to secure payment of attorney’s fees the lawyer will file a notice of
charging lien with the court hearing the case (it is a litigable motion) this charging
lien is only applicable for cases wherein the award is monetary in nature (hindi
puede sa ex. Replevin)
Suit in Assumpsit – simple collection of money claim – but in the nature of
unpaid attorney’s fees.
[Link]:

1. Bar – refers to the whole body of attorneys and body of judges.

2. Bench – denotes the whole body of counselors, collectively the legal
profession.
3. Practice of Law – Any activity in and out of court which requires the
application of law, legal procedure, knowledge, training and experience. To
engage in the practice of law is to give notice or render and kind of service,
which or devise or service requires the use of any degree of legal knowledge or
skill. (Cayetano v Monsod 201 SCRA 210)
4. Attorney-at-Law / Counsel-at- Law / Attorney/ Counsel/ Abogado /
Boceros = a class of persons who are licensed officer of the courts, empowered
to appear prosecute and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by law as a consequence (Cui v
Cui, 120 Phil. 729)

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5. Attorney in fact – an agent whose authority is strictly limited by the
instrument appointing him, though he may do things not mentioned in his
appointment necessary to the performance of the duties specially required of
him by the power of attorney appointing him, such authority being necessarily
implied. He is not necessarily a Lawyer.
6. Counsel de Oficio – appointed or assigned by the court, from among
members of the Bar in good standing who, by reason of their experience and
ability, may adequately defend the accused.
7. Attorney ad hoc – a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made. (Bienvenu v.
Factor’s of Traders Insurance Cp. 33 [Link].209)
8. Attorney of Record – one who has filed a notice of appearance and who
hence is formally mentioned in court records as the official attorney of the
party. Person whom the client has named as his agent upon whom service of
papers may be made. (Reynolds v. Reynolds, Cal.2d580)
9. Of Counsel – associate attorneys are referred as “of counsel” (5 Am. Jur.
261)
10. Lead Counsel – the counsel on their side of a litigated action who is charged
with the principal management and direction of a party’s case.
11. House Counsel – a lawyer who acts as attorney for business though carried
as an employee of that business and not as an independent lawyer.
12. Bar Association – an association of members of the legal profession, in the
Philippines we have a singular official bar association which is the Integrated
Bar of the Philippines.
13. Advocate – a general and popular name for a lawyer who pleads on behalf of
someone else.
14. Barrister – a person entitled to practice law as an advocate or counsel in
superior court. (term originated in England and other common law countries)
15. Titulo de Abogado – it means not mere possession of the academic degree
of Bachelor of Laws but membership in the bar after due admission thereto,
qualifying one for the practice of law.
16. Immoral conduct – that conduct which is willful, flagrant, or shameless
and which shows a moral indifference to the opinion of the good and
respectable members of the community. (ARCIGA VS. Maniwag, 106 SCRA 591)
17. Moral Turpitude – anything that is done contrary to justice, honesty,
modesty or good morals.
18. Grossly immoral conduct – one that is so corrupt and false as to constitute
a criminal act or so unprincipled nor disgraceful as to be reprehensible to a
high degree; it is a willful, flagrant or shameless act which shows a moral
indifference to the opinion of respectable members of the community. (Narag v.
narag, 1998)
19. Pro se – is a latin phrase meaning – “for oneself” or “on one’s own behalf”
this status is sometimes known as propria persona (abbreviated to “pro per”) in
England and Wales the comparable status is that of “litigant in person”.
20. Barratry – an attorney who attempts to bring a lawsuit (instigate) that will
be profitable to him.
21. Ambulance chasing – soliciting for clients at a disaster or emergency site,
usually on contingent fee arrangement.

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22. Contingent fee – a lawyer who accepts a case and the payment of his
services will depend on the success of the case or the winning of the case, a
fixed percentage of awards as long as minority share will be the professional fee
of the lawyer. This is legal as long as all expenses of litigation are shouldered
by the client.
23. Amicus Curae – friend of court – a lawyer who is an expert in a particular
field of law, invited by the court to shed light on a particular complex question
of law.
24. Champertous contract – illegal arrangement between the lawyer and his
client, which the lawyer will shoulder everything anent the case and will
received a lion’s share of the award if they will win the case. This is against
public policy,, because it is akin to a business investment prone to
compromises on the part of the lawyer, meaning he will do everything just to
win the case because he insvested to such.
25. Quantum meruit - “as much as one deserves” it is a basis for determining
the3 lawyer’s professional fees in the absence of a contract, the basis is always
reasonableness.
26. Case at bar – a case being heard by the trial court in the exercise of its
jurisdiction.
27. Case at bench – case being heard before an appellate court.
28. De minimis – latin term describing something that is too insignificant or
trifling for the courts to bother with.
29. Disbarment – that act by which the court orders the withdrawal of an
attorney’s the privilege to practice his profession.
30. Sui generis – “a class of its own” administrative case against a lawyer is
neither criminal case, civil but a unique in its nature.
31. Litigation – a law suit, a legal proceeding to seek redress in a court of law.
32. Notatu dignum – the acts or official functions of a judge is presumed with
regularity.
33. Sub judice – if a certain legal matter is now under the court’s jurisdiction,
all other person especially the members of the legal profession is now barred to
comment publicly on the merits of the case it is not appropriate to persuade
the court by any extra judicial pronouncements, violators are subject to
contempt
34. Jurat – the bottom line of a legal document, which bears the notary public’s
signature and seal attesting to the fact that the person who had the document
prepared swore to and signed in the presence of the notary public.

 
28. Legal Ethics is a branch of moral science, which treats the duties of a
member of the bar owes to the court, to his client, to his colleagues in the
profession and to the public.
[Link] you put legal ethics in a nut shell
The lawyer’s Oath
(state your name and your domiciliary) do solemnly swear that I will maintain
allegiance to the Republic of the Philippines, I will support the Constitution and

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obey the laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give
aid nor consent to the same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my knowledge and discretion,
with all good fidelity as well to the courts as to my clients; and I impose upon
myself these voluntary obligations without any mental reservation or purpose of
evasion. So help me God.
 
[Link] continuing possession of Good Moral Character, a lawyer is an officer of
the court, an advocate of his client, a public figure of fairness and a defender
justice to the society, and it reposed fiduciary attributes to the lawyer from them.
[Link] Under detention – no member of the bar if classified as detention
prisoner (even house arrest or under probation –serving sentence outside the cell)
cannot practice law.
32. What is private practice – the traditional definition of practice of law under
Villanueva case.
33. Good moral character defined “Good moral character is more than just the
absence of bad character. Such character expresses itself in the will to do the
unpleasant thing if it is right and the resolve not to do the pleasant thing if it
iswrong.”
(ANONYMOUS COMPLAINT AGAINST ATTY. CRESENCIO P. CO UNTIAN, JR., AC
NO. 5900, APRIL 10, 2019)
[Link] – long line of decisions of the SC no Lawyer can hide in his personal life the
misdeeds in his professional life, likewise, misdeeds in the personal life reflects his
professional life. (NO DICHOTOMY OF PERSONALITY)
35. Admonition, fine, suspension and disbarment
36. As a general rule, if the totality of the evidence identifies, gross immorality,
gross misconduct or gross negligence usually warrants disbarment.
37. Substantial evidence is only required, Substantial evidence is defined as such
amount of relevant evidence which a reasonable mind might accept as adequate to
justify a conclusion. (Eduardo B. Prangan v. NLRC, G.R. 126529, April 15, 1998.)
Take note that before, the quantum of evidence required in administrative
case against a lawyer is preponderance of evidence as being held in so many
cases, but in recently jurisprudence it was held that, substantial evidence is
enough to find an erring lawyer guilty of violating his code of ethics. (Domingo v.
Sacdalan, A.C. No. 12475 March 26, 2019)
This development birthed from the necessity to safeguard the integrity of the
legal profession from undesirable members, there is a need of purging, to assure
that the members of the bar are possess indeed Good Moral Character.
 

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38. If doubt is present, rule against the respondent lawyer and in favor of purging
the legal profession of undesirable members.

[Link] is the nature of a disbarment case?

Sui Generis, a class of its own, if a verified complaint was filed, even if the
complainant and its witnesses withdraw, the case will still proceed. There is no
prescriptive period for the violation. No double jeopardy, meaning if you’re found
guilty in a criminal case attached also civil liabilities, you cannot raise double
jeopardy as a defense in an administrative case for disbarment. It can be initiated
motu proprio by the Supreme Court. It is not a criminal case, nor a civil case; it is
more of an administrative case.
 
[Link] a lawyer is that the same time a government employee can be subjected to
disciplinary action as a lawyer involving official acts of his office?
General rule No, exception when his conduct is of such character as to affect his
qualifications as a lawyer or to show moral delinquency, example an act of
extortion. (Lim vs. Barcelona, 425 SCRA 67 2000)
In the final resolution dated September 27, 2003, the Board of Governors of the IBP imposed the penalty
of disbarment for the reason that respondent in fact attempted to extort money as Chief of the Public
Assistance Center of the NLRC to threaten/coerce Lim and that no less than the NBI caught him in the act
of receiving and counting the money extorted from Lim. 17  Ï‚rνll

The grounds for disbarment or suspension of an attorney are: (1) deceit; (2) malpractice or
other gross misconduct in office; (3) grossly immoral conduct; (4) conviction of a crime
involving moral turpitude; (5) violation of the lawyer's oath; (6) willful disobedience of any
lawful order of a superior court; and (7) willfully appearing as an attorney for a party without
authority.18 Ï‚rνll

We had held previously that if a lawyer's misconduct in the discharge of his official duties as government
official is of such a character as to affect his qualification as a lawyer or to show moral delinquency, he
may be disciplined as a member of the Bar on such ground. 19 More significantly, lawyers in government
service in the discharge of their official tasks have more restrictions than lawyers in private practice. Want
of moral integrity is to be more severely condemned in a lawyer who holds a responsible public
office.20 Rule 1.02 of the Code of Professional Responsibility provides that a lawyer shall not counsel or
abet activities aimed at defiance of the law or at lessening confidence in the legal system. Extortion by a
government lawyer, an outright violation of the law, calls for the corresponding grave sanctions. With the
aforesaid rule a high standard of integrity is demanded of a government lawyer as compared to a private
practitioner because the delinquency of a government lawyer erodes the people's trust and confidence in
the government.

41. Can a disbarred lawyer abroad, be automatically disbarred in the Philippines?

No as a general rule, but if the grounds is included in rule 138 of the Rules of
Court, then it can be used as prima facie evidence for disbarment proceedings in
the Philippines.
(In re: Suspension from the practice of law in the Territory of Guam of Atty. Leon
G. Maguera Bar Matter No. 793 / 328 SCRA 636 year 2000)

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 Maquera's acts in Guam which resulted in his two (2)-year suspension from the practice of law in that
jurisdiction are also valid grounds for his suspension from the practice of law in the Philippines. Such
acts are violative of a lawyer's sworn duty to act with fidelity toward his clients. They are also violative of
the Code of Professional Responsibility, specifically, Canon 17 which states that "[a] lawyer owes fidelity
to the cause of his client and shall be mindful the trust and confidence reposed in him;" and Rule 1.01
which prohibits lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct. The
requirement of good moral character is not only a condition precedent to admission to the Philippine Bar
but is also a continuing requirement to maintain one's good's standing in the legal profession. 33

42. Is there such a thing as Double or Multiple Disbarment as a penalty?

Answer:
No, if a lawyer is under a state of being disbarred, and subsequent complaint
demands disbarment as a penalty, the court cannot imposed double disbarment
because he is presently disbarred, the subsequently complaint which warrants the
penalty of disbarment cannot be had, but must be transmuted to pay a fine or
impose a suspension and it will be recorded in his personal file in the Office of the
Bar confidant (OBC). This record will be taken into consideration when the said
lawyer will apply in the future for the lifting of the said disbarment; it is needless
to say that such disbarred lawyer will be having a difficult time to have his
disbarment lifted because of the record in his personal file of suspension on the
subsequent complaint.
References:  748 Phil. 18 (2014) and A.C. No. 5333 March 13, 2017.
 if a lawyer is disbarred already – and a subsequent case is being heard and the
proper penalty is disbarment – he will be given a penalty of suspension and be
recorded in his file, if the lawyer will file a petition to life disbarment or
reinstatement, upon evaluation the record of suspension will deter the granting of
reinstatement.
  
43. May a lawyer who was suspended from practice of law automatically resume
his legal practice after the lapse of the suspension period?
Answer:
No, he needs to apply with the Supreme Court for the permission to resume
practice. (OCA - Office of the Court Administrator) Circular No. 44-2014)
 
44. What is the Code of Professional Responsibility?
Answer:
This is the basis of how should a lawyer conduct act and conduct himself in the
legal profession, embedded in the 22 Canons of the CPR.

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